Carlos Felipe B.Managing partner and founder
What changes with the Law 87-26
Organic Law No. 87-26, enacted on November 5, 2026, amends Articles 4, 5, 12, and 14 of Law No. 339-22 and adds Article 12.1 . The reform establishes digital processing as the rule, guarantees in-person service under the circumstances it specifies, and clarifies how documents are authenticated, bailiff 's actions are supported , and virtual hearings are held. The processing of a case file and the format of its hearing are governed by separate provisions. See the full text of Law 87-26, Articles 1 and 2.
La path In-person attendance remains guaranteed
The new Article 5 mandates digital processing before the Judiciary . Paragraph I guarantees in-person processing for those who declare they lack the necessary technical means, connectivity, or technological training. The requirement for digital processing cannot be invoked to reject a procedure . For example, a person who cannot submit their application due to lack of internet access can declare this circumstance and process it in person. The procedural requirements for each matter remain in accordance with Paragraph II of Law 87-26, Article 4.
Electronic file and court mailbox
The new Article 4 grants electronic files the same legal effect and validity as physical files. It also defines the digital court mailbox as the component of the portal that allows for the delivery of official communications to authenticated users and records the date and time for calculating deadlines. Upon receiving a communication, it is advisable to keep a record of it and verify the procedural rule that determines when the applicable deadline for that action begins. Law 87-26, Article 3.
What signature does the law require and when is it sufficient?
The new Article 12 requires judges, court staff, court officers, and administrative bodies of the Judiciary to use a qualified digital or electronic signature to authenticate decisions and other documents related to judicial or administrative proceedings. It also provides for the issuance of digital signatures to parties when necessary because the law requires them to sign in a judicial or extrajudicial proceeding. Decisions and documents signed in accordance with this provision require a digital signature for their validity and authenticity, without additional certification. Article 4 distinguishes this qualified signature from an electronic signature that lacks one or more of the required legal formalities. ( Law 87-26, Articles 3 and 5 )
How will the bailiff's actions be documented?
Article 12.1 mandates that bailiff actions be supported by a georeferencing system administered by the Judiciary. The system must record, in real time, the coordinates, date, official time, and location of the proceedings. This record allows for verification of where and when the action was carried out. The regularity of the notification also depends on compliance with all other applicable procedural formalities. Law 87-26, Article 6.
When is a virtual hearing appropriate?
The amended Article 14 provides for virtual hearings in all matters except criminal matters, subject to the exceptions provided. As a rule, a virtual hearing requires the consent of the parties. If no agreement is reached, the court determines the format and may order it to be hybrid (partially in-person) or fully in-person, depending on the case and the subject matter. The parties may also jointly request a hybrid format at any stage of the proceedings, in accordance with the regulations of the Plenary of the Supreme Court of Justice. Law 87-26, Article 7, paragraphs I, II, and VI.
What happens if the summons fails or the defense is affected?
When the court rules on a procedural defect or adjudicates in absentia during a virtual hearing, Article 14 requires it to verify proper convening and compliance with procedural rules, under penalty of nullity of the proceedings. If a violation in the holding of the hearing affected the possibility of a defense, the court may order the reopening of the proceedings ex officio or at the request of the interested party, pursuant to paragraph V. The party invoking such a violation must explain what occurred and how it limited their defense. The rule provides for notifying the opposing party, who has five business days to respond in writing. Law 87-26, Article 7, paragraphs IV and V.
The virtual participation of the victim in criminal matters
Paragraph VIII allows the judge or court to authorize, at the request of a party and by means of a reasoned decision, the virtual participation of the victim in cases of sexual offenses, domestic violence, and gender-based violence. This measure responds to the victim's vulnerability and the risk of revictimization. The authorization refers to the form of participation of the victim in the specific case. Law 87-26, Article 7, Paragraph VIII.
States of emergency and suspension of in-person service
In a state of emergency, the Plenary of the Supreme Court of Justice may, by reasoned resolution, order the mandatory use of digital means in proceedings. The law also regulates unforeseen circumstances or force majeure that prevent in-person services. In such cases, the Plenary may, by reasoned resolution, order the use of digital means in ongoing proceedings, with the exception of criminal proceedings when the accused or the victim expressly objects. Law 87-26, Article 7, paragraphs IX to XII.
Since when does the reform apply?
Article 8 makes its validity conditional upon promulgation, publication, and the expiration of the time periods established by the Civil Code. The official copy indicates promulgation on November 5, 2026. To determine its application to a specific action, it is necessary to verify the publication date in the Official Gazette and the applicable time periods. It is also advisable to consult the instructions of the judicial body for the corresponding procedure or hearing. Law 87-26, Article 8 and promulgation.